State v. Griggs
New Mexico Supreme Court
Appeal from District Court, Guadalupe County; D. J. Leahy, Judge. James Griggs was convicted of larceny of cattle, and appeals. Ownership must be proved by sufficient evidence or the conviction cannot be sustained. McKnight v. State, 58 S. W. 95; Kinney v. State, 19 S. W. 681; Thompson v. State, 23 Tex. App. 356; Atkins v. State, 44 Tex. Cr. 291; 12, Cyc. 382. There is no proof of venue and no sufficient evidence of the taking.
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Appeal from District Court, Guadalupe County; D. J. Leahy, Judge. James Griggs was convicted of larceny of cattle, and appeals. Ownership must be proved by sufficient evidence or the conviction cannot be sustained. McKnight v. State, 58 S. W. 95; Kinney v. State, 19 S. W. 681; Thompson v. State, 23 Tex. App. 356; Atkins v. State, 44 Tex. Cr. 291; 12, Cyc. 382. There is no proof of venue and no sufficient evidence of the taking. The alleged variance between the allegations of the indictment and the proof were not raised in the motion for a new trial and are not before the court for that…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS, C. J.
— Appellant was tried and convicted in the district court of Guadalupe county of the larceny of 24 head of neat cattle of the property of one Florencio Spitz. The principal ground upon which he relies for a reversal is that the verdict of the jury is not supported b3r any substantial evidence. The facts established upon the trial, briefly summarized, are as follows: The cattle in question belonged to Mrs. Lucinda Spitz, but were in charge of, and under the management and control of, Florencio Spitz. They were grazing upon the open range in parts of…
2Cited by2 opinions
- State v. HernandezNew Mexico Supreme Court · 1931
- State v. RiddleNew Mexico Supreme Court · 1918